HomeMy WebLinkAbout00 CC AGENDA 6-2-15CITY OF TUSTIN JOINT REGULAR JUNE 2, 2015
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
AND SUCCESSOR AGENCY ' 300 CENTENNIAL WAY, TUSTIN
John Nielsen, Mayor Pro Tem Jeffrey C. Parker, City Manager
Rebecca Gomez, Councilmember Charles E. Puckett, Mayor David E. Kendig, City Attorney
Al Murray, Councilmember Jeffrey C. Parker, City Clerk
Dr. Allan Bernstein, Councilmember Pamela Arends-King, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2369
ATTENDANCE
PUBLIC INPUT — Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will
prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION
[Government Code § 54956.9(d4)] — Two Cases
2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Government Code § 54956.9(d2)] — Two Cases
3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government
Code § 54956.9(a)] — One Case
1. Successor Agency to the Tustin Redevelopment Agency, et
al. v. Michael Cohen: Sacramento Superior Court Case No. 34-
2015-80002046 CU-WM-GDS; and response filed by South
Please note: Written materials relating to agenda items for an open session regular
meeting of the Council that are distributed to a majority of the Council members less
than 72 hours prior to the meeting are available for public inspection at the following
locations: In the City Clerk's Office during regular business hours and following
business hours (after 5:30 p.m.) in the Council Chamber on the day of the meeting.
Orange County Community College District
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] — One Case
Property 430-391-12, 430-391-09, and 430-391-03
Address/Description
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager
Negotiating Parties Tustin Unified School District, represented by Dr.
Gregory Franklin, Superintendent
Under Negotiation Price and Terms of Payment
JOINT REGULAR MEETING OF THE
CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
7:00 P.M.
CALL TO ORDER — Meeting #2369
INVOCATION — Councilmember Gomez
PLEDGE OF ALLEGIANCE — Councilmember Bernstein
ROLL CALL — City Clerk
ORAL COMMUNICATION/PUBLIC INPUT — At this time, any member of the public may
address the City Council on matters which are listed on this agenda or under the
jurisdiction of the City Council.
PRESENTATIONS
o Drowning Prevention Awareness
o Care Ambulance Service — Bob Barry, Director of Business Development
City Council and Successor Agency June 2, 2015
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PUBLIC HEARING ITEMS
A public hearing provides individuals the opportunity to be
heard regarding an intended action of the City Council
related to land use or fees. (Agenda Items 1 and 2)
1. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL
ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT
FOR FISCAL YEAR 2015-2016
The Tustin Landscape and Lighting District Engineer's Report was completed
and approved by the City Council at their May 5, 2015 meeting. At that meeting,
the City Council declared its intention to levy annual assessments and set a
public hearing for June 2, 2015. In order to levy the annual assessments, the
City Council is required to conduct a public hearing and, provided there is no
majority protest, adopt Resolution No. 15-27 confirming the annual
assessments for Fiscal Year 2015-2016.
Recommendation: It is recommended that the City Council:
1. Conduct a public hearing to receive testimony on the proposed levy of
annual assessments for the Tustin Landscape and Lighting District for
Fiscal Year 2015-2016; and
2. Adopt Resolution No. 15-27 confirming the annual assessments for
Fiscal Year 2015-2016.
RESOLUTION NO. 15-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR
THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING
EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF
THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR
2015-2016
2. SECOND READING AND ADOPTION OF ORDINANCE NO. 1457
On April 1, 2015, Governor Brown directed the State Water Resources Control
Board (Water Board) to impose restrictions to achieve an aggregate statewide
25% reduction in potable urban water use through February 2016. The
Executive Order stipulates the 25% reduction in water use as compared to
2013, but proposes flexibility in how to achieve this reduction in recognition of
the level of conservation already achieved by different communities around the
state. The Water Board has reviewed previous conservation amounts for each
Water Supplier in the state and has determined that Tustin Water Services must
reduce potable water consumption by 28% through February 2016.
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City Council approval of Ordinance No. 1457 would add Chapter 10 to Article 4
of the Tustin City Code, revising the Water Management Plan.
Recommendation: Staff recommends that the City Council:
1. Conduct a public hearing to accept public comments; and
2. At the conclusion of the public hearing, have the second reading by title
only and adopt Ordinance 1457 (roll call vote) and waive further reading
of Ordinance No. 1457.
ORDINANCE NO. 1457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING AND DETERMINING THE NECESSITY FOR AND
AMENDING THE WATER MANAGEMENT PLAN
CONSENT CALENDAR ITEMS
All matters listed under the Consent Calendar are considered
to be routine and will be enacted by one motion without
discussion. Persons wishing to speak regarding Consent
Calendar matters should file a "Request to Speak" form with
the City Clerk. (Agenda Items 3 through 11)
3. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON
THE AGENDA
Recommendation: That the City Council waive reading in full of all ordinances
and resolutions on the agenda and declare that said titles which appear on the
public agenda shall be determined to have been read by title and further reading
waived.
4. APPROVAL OF MINUTES — JOINT SPECIAL MEETING OF THE CITY
COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY HELD ON MAY 20, 2015.
Recommendation: That the City Council approve the Action Minutes of the
Joint Special Meeting of the City Council and The Successor Agency to the
Tustin Community Redevelopment Agency held on May 20, 2015.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
The City Council has approved the use of Government Code Section 37208 to
expedite the payment of City of Tustin and Tustin Community Redevelopment
Agency obligations that are in accordance with the approved budget or
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continued operations authorizations.
Recommendation: Approve Payroll in the amount of $653,738.26; and
Demands in the amount of $1,831,674.28.
6. DESTRUCTION OF RECORDS — FINANCE DEPARTMENT
Resolution No. 01-91, the Record Retention/Disposition Schedule, permits
destruction of records and documents which meet certain criteria with the
approval of the City Attorney and the City Council.
Recommendation: Adopt Resolution No. 15-26, authorizing the destruction of
records in the possession of the Finance Department.
RESOLUTION NO. 15-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY
RECORDS AND PAPERS IN THE POSSESSION OF THE FINANCE
DEPARTMENT OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE
CONDUCT OF CITY BUSINESS, PURSUANT TO THE AUTHORITY
GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE
7. APPROVE AGREEMENT BETWEEN THE CITY OF TUSTIN AND IRVINE
RANCH WATER DISTRICT FOR RELOCATION OF SERVICE CONNECTION
OC -58, MITIGATION OF WELL 21 AND 22 IMPACTS, AND EXCHANGE OF
TUSTIN LEGACY WELL SITES
In conjunction with the development of MCAS Tustin, the City of Tustin is
constructing public street improvements that extend Warner Avenue east from
the intersection of Red Hill Avenue to Tustin Ranch Road. Within the
intersection of Red Hill, lies a water service turn -out connection designated as
OC -58 to Irvine Ranch Water District (IRWD) from the water distribution system
of the Metropolitan Water District of Southern California (MWD) which must be
abandoned and relocated, together with an IRWD Well designated as 29H1. In
lieu of having the City relocate OC -58 near its present location, the City and
IRWD have determined that the City will remove OC -58 and Well 29H1 and
convey sites to IRWD and MWD for future relocation.
Taking into consideration two previously executed agreements with IRWD for
Cooperative Implementation of IRWD Well 21 & 22 Groundwater Treatment
Project (Wells 21 and 22 Agreement), dated April 4, 2011 and the Sub -Area
Master Plan/Well Site Exchange Agreement (SAMP/WSEA), dated December
16, 1996, the costs for relocation, construction and other cost obligations of both
City and IRWD will be applied as offsets and satisfied by a net payment from
IRWD to the City.
Additionally, several timeframes contained in the SAMP/WSEA have expired
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and both parties desire to amend and restate the executory provisions of the
SAMP/WSEA as it relates to Tustin Legacy and modifications in IRWD's
facilities planning for the orderly development thereof. The attached
Agreement was presented and approved by IRWD Board of Directors on
Tuesday, May 26, 2015.
Recommendation: That the City Council:
1. Approve Agreement between City and IRWD (Agreement) for
relocation of service connection OC -58 and mitigation of Well 21 & 22
impacts, and amending and restating agreement for preparation of
SAMP/WSEA of Tustin Legacy well sites and authorize the Mayor and
City Clerk to execute the Agreement on behalf of the City; and
2. Adopt Resolution No. 15-30 approving an Agreement between the CITY
and IRWD for Relocation of Wells, the Granting of Easements and
License related thereto to IRWD and the Acceptance of Quitclaim Deeds
from IRWD related thereto.
RESOLUTION NO. 15-30
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA APPROVING AN AGREEMENT BETWEEN
THE CITY OF TUSTIN AND IRVINE RANCH WATER DISTRICT FOR
RELOCATION OF WELLS, THE GRANTING OF EASEMENTS AND LICENSE
RELATED THERETO TO IRVINE RANCH WATER DISTRICT AND
THE ACCEPTANCE OF QUITCLAIM DEEDS FROM IRVINE RANCH WATER
DISTRICT RELATED THERETO
8. ADOPT RESOLUTION NO. 15-24 TO ACCEPT WARNER AVENUE (CIP NO.
70202) EXTENSION FROM RED HILL AVENUE TO TUSTIN RANCH ROAD
INTO THE CITY'S SYSTEM OF STREETS
Construction of Warner Avenue (CIP No. 70202) Extension from Red Hill
Avenue to Tustin Ranch Road is now ready for City Council acceptance into the
City's system of streets pursuant to Streets and Highways Code Section 1806.
Recommendation: That the City Council adopt Resolution No. 15-24
accepting Warner Avenue (CIP No. 70202) Extension into the City's system of
streets.
RESOLUTION NO. 15-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ACCEPTING WARNER AVENUE INTO THE CITY'S SYSTEMS
OF STREETS PURSUANT TO STREETS AND HIGHWAYS CODE SECTION
1806
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9. AWARD CONTRACT FOR THE BIOFILTRATION RETROFIT —
EDINGER/RED HILL/VALENCIA/KENSINGTON PARK QUADRANT
PROJECT CIP NO. 50041
Staff is requesting the City Council award a construction contract to
the lowest responsive/responsible bidder for the Biofiltration Retrofit —
Edinger/Red Hill/Valencia/Kensington Park Quadrant Project CIP No. 50041.
Recommendation: That the City Council award a construction contract to
the lowest responsive/responsible bidder, Beador Construction Company,
Inc. in the amount of $1,513,300.00, for the Biofiltration Retrofit —
Edinger/Red Hill/Valencia/Kensington Park Quadrant Project CIP No. 50041
and authorize the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
10. AWARD CONTRACT FOR THE FY 2014-15 ROADWAY
REHABILITATION AND SIDEWALK REPAIR PROJECT CIP 70014
Staff is requesting the City Council award a construction contract to
the lowest responsive/responsible bidder for the Fiscal Year (FY) 2014-15
Roadway Rehabilitation and Sidewalk Repair Project CIP 70014.
Recommendation: That the City Council award a construction contract to
the lowest responsive/responsible bidder, R.J. Noble Company in the amount
of $1,347,937.29, for the FY 2014-15 Roadway Rehabilitation and Citywide
Sidewalk Repair Project CIP 70014 and authorize the Mayor and the City Clerk
to execute the contract documents on behalf of the City.
11. ADOPT RESOLUTION NO. 15-22 TO ACCEPT SEWER WORK IN TUSTIN
RANCH ROAD AND BARRANCA PARKWAY (CIP NO. 70223) AND
BARRANCA CHANNEL AND BARRANCA PARKWAY
STREET IMPROVEMENT WORK (CIP NO. 70205)
Construction of the Sewer Work in Tustin Ranch Road and Barranca Parkway
(CIP No. 70223) and Barranca Channel and Barranca Parkway Street
Improvement Work (CIP No. 70205) has been completed and the project is now
ready for City Council acceptance.
Recommendation: That the City Council:
1. Adopt Resolution No. 15-22 accepting the construction of the Sewer
Work in Tustin Ranch Road and Barranca Parkway (CIP No. 70223)
and Barranca Channel and Barranca Parkway Street Improvement
Work (CIP No. 70205); and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
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RESOLUTION NO. 15-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION
FOR THE SEWER WORK IN TUSTIN RANCH ROAD AND BARRANCA
PARKWAY (CIP NO. 70223) AND BARRANCA CHANNEL AND BARRANCA
PARKWAY STREET IMPROVEMENT WORK (CIP NO. 70205)
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Items 12 through 15)
12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1455
Ordinance No. 1455 approves establishment of preferential permit only parking
on Carfax Avenue and Utt Drive between Mitchell Avenue and Nisson Road; on
Woodlawn Avenue and Charloma Drive between Veeh Drive and Nisson Road;
on the north side of Mitchell Avenue between Carfax Avenue and Utt Drive and
on Veeh Drive.
Recommendation: That the City Counci have second reading by title only and
adoption of Ordinance No. 1455 (roll call vote).
ORDINANCE NO. 1455
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n
REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY
13. CORNERSTONE I — TUSTIN LEGACY EXCLUSIVE NEGOTIATION
AGREEMENT
Approval is requested to execute an Exclusive Negotiation Agreement (ENA)
with Lincoln Property Company Commercial, Inc. (Developer) for office
development at Cornerstone I in Tustin Legacy.
Recommendation: That the City Council authorize the City Manager to
execute the Exclusive Negotiation Agreement between the City of Tustin and
the Developer, Lincoln Property Company Commercial, Inc.
14. RESOLUTION SUPPORTING THE SENATE CONSTITUTIONAL
AMENDMENT 2 (SCA 2) TO PROHIBIT BANNING THE U.S. FLAG ON
STATE -FUNDED COLLEGE CAMPUSES IN CALIFORNIA
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In March 2015, the University of California, Irvine's Legislative Student Council
passed a resolution that banned the display of the American flag citing potential
negative interpretations for the flag. While the Executive Cabinet of the
Associated Students of UC Irvine ultimately vetoed the flag ban, this incident
has drawn attention to a potential problem that could occur at another campus
in the future. To ensure that this does not happen, State Senator Janet
Nguyen, 34th District, has authored Senate Constitutional Amendment 2 which
prohibits the ban of the U.S. flag on any state -funded campus of higher
education. A constitutional amendment is needed because the UC system is a
constitutionally -independent system and can ignore statutory direction from the
legislature.
State Senator Nguyen has asked that the City of Tustin pass a resolution
supporting Senate Constitutional Amendment 2 and urging the California State
Legislature to pass this legislation to protect the American flag.
Recommendation: That the City Counci adopt Resolution No. 15-29 amending
the Constitution of the State of California to prohibit state -funded post-
secondary educational institutions from banning the display of the American
flag.
RESOLUTION NO. 15-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, SUPPORTING CONSTITUTIONAL AMENDMENT 2 TO
PROHIBIT BANNING THE U.S. FLAG ON STATE -FUNDED COLLEGE
CAMPUSES IN CALIFORNIA
15. AMENDMENT OF THE MUNICIPAL WATER DISTRICT OF ORANGE
COUNTY'S (MWDOC) TURF REMOVAL PROGRAM AGREEMENT TO
PROVIDE SUPPLEMENTAL FUNDING
The Municipal Water District of Orange County (MWDOC) has developed and
arranged funding for a turf removal program through the Metropolitan Water
District of Southern California (MWD). The program provides financial
incentives on a first come, first serve basis while funding lasts for the removal of
turf and the replacement of drought tolerant vegetation or artificial turf.
Currently, MWDOC offers an incentive of two dollars per square foot ($2/sq.
ft.) for turf that is removed and replaced. Water agencies have the option to
provide supplemental funding to customers in their service areas to further
incentivize participation.
Recommendation: That the City Council authorize the City Manager to
amend the agreement with MWDOC and to provide a one dollar supplemental
incentive per square foot for the turf removal program within the Tustin Water
Services area.
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OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT — The next meeting is scheduled for Tuesday, June 16, 2015 for the
Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in
the Council Chamber, 300 Centennial Way, Tustin, California.
City Council and Successor Agency June 2, 2015
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